Book contents
- The Story of Constitutions
- Comparative Constitutional Law and Policy
- The Story of Constitutions
- Copyright page
- Dedication
- Epigraph
- Contents
- Figures
- Prologue
- 1 Introduction
- Part I Constitutional Diffusion
- Part II The History of the Constitution
- Part III Concepts, Shapes and Types of Constitutions
- 18 What Is a Constitution?
- 19 Constitutional Kinship
- Part IV Effects
- Part V The Imagined Order of the Constitution
- References
- Name & Author Index
- Subject Index
19 - Constitutional Kinship
from Part III - Concepts, Shapes and Types of Constitutions
Published online by Cambridge University Press: 19 October 2023
- The Story of Constitutions
- Comparative Constitutional Law and Policy
- The Story of Constitutions
- Copyright page
- Dedication
- Epigraph
- Contents
- Figures
- Prologue
- 1 Introduction
- Part I Constitutional Diffusion
- Part II The History of the Constitution
- Part III Concepts, Shapes and Types of Constitutions
- 18 What Is a Constitution?
- 19 Constitutional Kinship
- Part IV Effects
- Part V The Imagined Order of the Constitution
- References
- Name & Author Index
- Subject Index
Summary
Modern constitutions are resembling one another more than ever before in history. Are they, indeed, converging? This chapter explores this controversial question. Some argue that constitutional borrowing and transplantation of constitutional norms, structures, doctrines and institutions is a fact of life, regardless of ideological or theoretical objections to these practices others deny this and oppose the very idea of the existence of a common constitutional gene pool, bricolage and borrowing. A constitution is and should be a unique reflection of a countrys constitutional identity the latter group believes. A comparative analysis of elements common to all modern constitutions however shows a sizeable kinship relationship between them, whatever the objections we may have to that.
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- Information
- The Story of ConstitutionsDiscovering the We in Us, pp. 221 - 236Publisher: Cambridge University PressPrint publication year: 2023